The State Administration for Market Regulation ("SAMR") has recently issued the Administrative Measures for Food Safety Sampling Inspections (the "Measures") and the National Medical Products Administration ("NMPA") has also issued the Administrative Measures for Drug Quality Spot Checks. The former will enter into force on October 1, 2019.
Compared with 2014 Edition, amendments introduced in the Measures include: 1. making an improvement to the definition and scope of food safety sampling inspections, as required by the Opinions on Deepening Reform to Improve Food Safety; 2. optimizing requirements for sampling procedures; 3. improving the provisions regarding re-test procedures; 4. improving the procedures for response to an objection to the sampling process; 5. intensifying measures for verification and disposition; 6. implementing the "four toughest" requirements; and 7. tightening the legal liability. Among others, the Measures ramp up the credit related punishments, providing that results of supervisory spot checks and information about investigations made to verify and dispose of sub-quality food will not only be published according to law but also be included into the credit records of food producers and operators as required and that such information as administrative penalties imposed on food producers and operators will be also collected and included into the National Enterprise Credit Information Publicity System. Also, food producers and operators will face joint disciplinary measures if they have committed seriously unlawful and discreditable acts.